The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-04-27

and the separate and local governments o
each state, respectively; and finally tn,
powers of both, distributed among three
separate and independent department.
sents in the whole political
system as remarkable for its gran.
deur as it is for its novelty and refinement oil
organization. For the structure of such a
system, so wise, Just and benefcent, We are
far more indebted to supeIi Intending Prov
idence that so disposed events as to lead as
II by invisible hand to its formation than to
those who erected 1t. Intelligent, expert
enced and patriotic as they were, they were
but builders under His, .superint ding di-
rection, To preserve this sacred distribu-
ton as originally settled, by ooercing each
TO move in its prescri, ed orbit. is the great
and difficult problem on the solution of
which the duration of our constitution, of
our Union. aid, in all probability. our lib
erty depends"
He next addressed himself to the great
question, what provision does the Const
tuition of the United States or the system
itself iu ID ish TO preserve this and the other
division of powersY" He then proceeds TO
show that from the relations which subsist
between CO. ordinate governments. and from
law universally applicable 10 division Of
power, whether between governments OF de-
partments of governments, a mutual mega
tive on the part of each is necessary TO pro-
tect each from the other; and that in n case
of conf ct as 70 the limits of their respective
authority neither has the right to impose by
force its decision against the other but must
appeal to power paramount to either whose
decision is final and binding on both. That
paramount power in our system is the con
vention of states, the most august and i'm
posing embodi emit OF political authority
known to he American system OF govern
ment. And this is thu doctrine of nulifca-
ton. AS result of the events which in an
earlier part of these remarks l have dis
cussed, the right of publication, even 10
the minds Of thote who once asserted that
right, no longer has place in the apparatus
Of our political system. No one now has
the slightest dream OF any resort to state in
torpositiSn as aremedy for political griev-
ances. Nor would 1t be fair to state the ar
guments adiuced By him in support of nut
LITIGATION without presenting those advanced
in opposition to the 40 ,trine. But the sim
certify of his patriotism in this matter should,
in justice to his name and lame, be
cleared Of the aspersious of those who have
reported him as consp ratot, impelled by
ambition to arouse sectional Jnim0sitiea and
passions with view to teating the Union
asunder. And II is with Wow TO this alone
question. He then quoted M Ualhoun's
solemn assertion ofa deep and sincere at
tachment to our political institutions and
the unisn of the States His reiteration Of
thel assertions made in 1917 that he consid-
Of our liberty and the pro otion OF tho hap
piness of ourselves and our poststity, aud
his further a .sertion that If he did not be-
lleve the right in question TO be the only
soid foundation Of our system and Of the
Union itself, he would not be its advocate.
MULTIPLICATION AND SECESSION.
In reply to the charge that notification
was secession in another form, Mr.. Lamar
quoted Mr., Calhoun es saying; There is.
indeed, one view, and one 0nly, Of the con-
test in which force could be employed; but
that view, as between the parties, would
supersede the constitution itself-th that multi
fcation Is secession-and would Conse-
the relation Of foreign State.
Standing thus toward one another. force
might, indeed, be employed against STATE,
but it must be belligerent force, preceded
by declara ton Of war and carried on with
all its formalities. Such would be he GER
tain effect of secession; and, II notification
be secession, such, too, must BIO its effect,
which presents the highly important ques-
ton: Are they, in fact, the same?
m the decision Of which depends |
peaceable and constitutional remedy that |
may be exercised without terminating tho !
relations OF the Stste or not. am !
aware that there is n considerable and re-
'pectable portion of our State, with II very |
arRe portion of the Union, constituting, in |
act, a great ms jority, who are of the opinion
that they, are The same, differing only in |
name. and W o, under that impression, de-
lOunce it as the most dangerous OF ell |
and yet, s, far from being the |
deceived, not only perfectly distinguishable,
Dut totally dissimilar in Their nature, their
object and effect; and tbat,so far from de-
serving denunciation. 30 properly belonging
% the act vi III which il Is confoundod, IL is,
n truth, the highest and most precious
# oil rio hta nE tha gtafaa and |
.ial to preserve that very Union,
or the supposed effect Of destroying which
I, is so bitterly. anathemized. They are
wholly dissmi ar in their azure. Secession
z withdrawal from the Union, a
hrowing of OF the authority of the Union
tse,f separation Of partners, and as far rs
: depends on the member withdrawing, a
dissolution. OF partnership. II presuppo'es
IN association or a union Ofseyeral states or
Individuals for common object
Sullihcation, on the contrary, p -esDpp)ses
he relation OF principal and agent; the, one
'ranttng power to be executed, the other, /
appointed by him with authority 10 execute
7, and is simply a. declaration on the part Of
he principal made in due form, that an act
md void. 9 The difeTenc &c in their OBJ
ect IL no less striking. than In their ratu'e.
The object OF secession Is to fee the withdraw
ng member from the oblig ton Of the asso.
nat on or union, etc. Its direct and imme-
INV, vbJoObI h5 IL COuCbTDb Tue WlNuuIhWlukI
member, is the dissolution Of the assocla
ion or union, ms ar As il is concerned. On
be contrary, the object Of notification is to
onnne the agent within the II nit OF its pow
s, BY arrestinR his acts transcending them,
lot with the vie~ Of destroying the delegat-
ID or trust pO Wer, but to p eaerye II by com
'elhng the agent TO fulfill the object for
Vhlch the agency or trust was created; and
applicable only TO cases where The trust or
delegated powers are transoended on the
laFI of The ~ n IL ramafna IN ahnW i
hat their effect is as disslmilar az their
latur' or object. Mobilization leaves TIE
nembers OF The ASSOCIATION or union in the
condition it found them-lubject to all its
omprehending the member nallifying as
yell az the others-its object bsing MOTTO de;
troy but TO preserve. as has been stated
Secession, on the contrary destroys,
= lar as the Withdrawing member Is con-
erned, the ASSOCIATION or union.
,,uca are clearly the differences between
hem dihereaces 10 marked that, instead OF
elng Identical, as supposed, they form
ontrast 10 AL tho aspects in which they can
Whatever may be the objections to this
Doctrine, it must be admitted that il had not
q II one element of disunion. II might !
ave proved cumbrous and Obstructive. ~
ne operations Of the goYerrment; II might
ave IMPAIRED its promptness ana ylg9r ana
neigy OF action, and probably would; but
"a ~ been recognized and ,cted upon by
be Federal Goyerfmen ct It would have ever
reverted resort to seces. ion on tbe one
anu or resort to force on thsother; But
be right was not Teeogn ze1 It was denied
nd inhex'blI opposed By the general Oy-
rnment, which assumed toimpose its own
onsir etion Of tho constitution, against
hat Of the State', by force.
A MEMORABLE DEBATE.
Just at this time Mr.. Calhoun resigned the
nee OF Vice President and COX bis seat ~
10 senate in lace Of Gen. Robert Y.t